Heaton v. State (543 So. 2d 290, 1989)

POLEN, Judge.

Appellant seeks review of his conviction and sentence of two minimum mandatory fifteen-year concurrent terms of incarceration for trafficking and conspiracy to traffic in cocaine and delivery and possession of cocaine. Appellant contends section 893.135(4), as amended, of the Florida Drug Trafficking Laws is unconstitutional on its face and as applied to him.

We find no merit in appellant’s challenge of the constitutionality of section 893.-135(4), Florida Statutes (1987). While the provision is facially constitutional, it appears in the instant case, the appellant did not receive the benefit of the bargain contemplated by the statutory provision. Appellant pled guilty to trafficking in cocaine and conspiracy to traffic in cocaine, pursuant to a negotiated substantial performance agreement. The agreement provided that upon appellant’s completion of the terms of the agreement to the state’s satisfaction, the state would recommend a sentence below the fifteen-year minimum mandatory. While there is no question that the trial court would n